The Criminal Defence Service (Funding) Order 2007

Interim payments for attendance at trial

20.—(1) A litigator may make a claim to the appropriate officer for an interim payment in respect of attendance at court where a Crown Court trial lasts for a qualifying period.

(2) Where a claim is made in accordance with this article, an interim payment must, without prejudice to the final determination of the fees payable, be allowed where a litigator or a fee earner representing him has attended at court on each day of the relevant qualifying period.

(3) For the purposes of this article, the qualifying period is 20 days, and a day shall qualify as part of the relevant qualifying period, whether or not the days within the qualifying period are continuous, if the hearing begins at any time on that day.

(4) The amount payable in respect of each day which qualifies as part of the qualifying period is—

(a) where the hearing begins before and ends after the luncheon adjournment, five times the hourly rate for a trainee solicitor or fee earner of equivalent experience attending court where more than one representative is instructed as prescribed in Part 1 of Schedule 2; or

(b) where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, two and a half times the hourly rate referred to in sub-paragraph (a).

(5) A claim for an interim payment may be made in respect of a qualifying period and must be submitted in such form and manner as the appropriate officer may direct.

(6) Further interim payments under this article may be claimed if the trial lasts for further qualifying periods.

(7) A litigator who has obtained prior approval under CDS Regulations for the incurring of travelling or accommodation expenses may, at the same time as he submits a claim for an interim payment under this article, submit a claim for an interim payment of all such expenses incurred to date (less any expenses previously recovered by him by way of interim payment under this article).

(8) A claim under paragraph (7) must be submitted in such form and manner as the appropriate officer may direct, and must be supported by such evidence of the expense claimed as he may require.

(9) Articles 29 to 31 do not apply to a payment under this paragraph.